John Shere - Page 9




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               Following a hearing, the Appeals Office must make a                    
          determination whether the proposed levy action may proceed.  The            
          Appeals Office is required to take into consideration:  (1)                 
          Verification presented by the Secretary that the requirements of            
          applicable law and administrative procedures have been met, (2)             
          relevant issues raised by the taxpayer, and (3) whether the                 
          proposed levy action appropriately balances the need for                    
          efficient collection of taxes with a taxpayer’s concerns                    
          regarding the intrusiveness of the proposed levy action.  Sec.              
          6330(c)(3).                                                                 
               Section 6330(d)(1) grants this Court jurisdiction to review            
          the determination made by the Appeals Office in connection with             
          the section 6330 hearing.  Where the underlying tax liability is            
          not in dispute, the Court will review the determination of the              
          Appeals Office for abuse of discretion.  Lunsford v.                        
          Commissioner, 117 T.C. 183, 185 (2001); Sego v. Commissioner,               
          supra at 610; Goza v. Commissioner, 114 T.C. 176, 182 (2000).  An           
          abuse of discretion occurs if the Appeals Office exercises its              
          discretion “arbitrarily, capriciously, or without sound basis in            
          fact or law.”  Woodral v. Commissioner, 112 T.C. 19, 23 (1999).             
               Petitioner failed to respond to the motion for summary                 
          judgment.  Consequently, we review the motion and supporting                
          affidavits and exhibits to decide whether to grant the motion.              
          Our review confirms that there is no material issue of fact                 







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